Linda Hubeny Food Distribution Program Director CT DAS

Linda Hubeny

Food Distribution Program Director

CT DAS

Lonnie M. Burt, MS, RD, CD-N

Foods & Nutrition Services Director

Hartford Public Schools

Financial Management & Procurement Seminar

ObjectiveObjective

Review procurement regulations and guidelines for school districts and other recipient agenciesFully describe procurement processFully describe commodity processing

Simplification of process and procedures

OutlineOutline

USDA Policy ChangesProcurement ComplianceApproved Procurement MethodsThe Commodity Processing

ProcedureProduct SpecificationsValue Pass Through Methods

Policy Changes/Policy Changes/Procurement ComplianceProcurement Compliance

Fraud & Abuse1990’s

Investigation

Office of the Inspector General

Investigations & Fiscal Management Audits

Primary OutcomesFebruary 2002April 2002

Policy Changes / Policy Changes / Procurement ComplianceProcurement Compliance

Office of Inspector General Findings: Food and Nutrition Service Oversight

Challenged States Failure to Enforce Compliance School Districts Failure to Comply with

Procurement Rules “Limited Open and Fair Competition” Some School Food Authorities Lack

Knowledge on Procurement Rules and Regulations

Policy Changes Policy Changes Procurement ComplianceProcurement Compliance

Required Action Steps by Food and Nutrition Service

Work with States to Clarify Issues

Publish the Notice of Proposed Rule Making 12/31/04 (NPRM)

Key Written Statements

Policy ChangesPolicy ChangesProcurement ComplianceProcurement Compliance

The NPRM Applies to all Purchases Using Federal Funds

Management Companies are only Part of the NPRM

Services have to be Procured as well as Products



Standards for Procurements will have to be Established

Values will have to be Measured

USDA publishes Final Rule on October 31, 2007

Entitled: procurement requirements for the NSLP, SBP, and Milk Program

New rule effective November 30, 2007

Existing contracts will be phased in. New contracts implement rule.


New State Roles and Responsibilities

Manage Funds Expenditures“Open and Fair” are Key

ConceptsEnforce ComplianceDefine Processes and

Procedures


Bid standards must be comprehensive and exhaustive

Think food safety requirements

Cost-Benefit Analysis


Multi-Year ContractingLeverage Commercial

Purchase TechniquesRedefine the USDA

Commodity as dollars to be leveraged as pre-paid discounts


What Regulations Must Be Followed?

7CFR3016.36 & 7CFR3019.40 These are the Code of Federal

Regulations pertaining to procurement for Child Nutrition Programs. State and local authorities may impose

more restrictive regulations.


BUY AMERICAN

Procurement ComplianceProcurement Compliance

Procurement ComplianceProcurement ComplianceBuy AmericanBuy American

How would a SFA determine a "domestic commodity or product"?

Section 12(n) of the NSLA defines "domestic commodity or product" as one that is produced and processed in the United States substantially using agricultural commodities that are produced in the United States. One of the reports accompanying the legislation noted that "substantially" means that over 51% of the final processed product consists of agricultural commodities that were grown domestically.

Procurement ComplianceProcurement ComplianceBuy AmericanBuy American

Are there any exceptions to the requirements of the Buy American provision?

Yes. While rare, two situations which may warrant a waiver to permit purchases of foreign food products include: 1) The product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality. 2) Competitive bids reveal the costs of a U.S. product is significantly higher than the foreign product.

7CFR3016.36 addresses Four acceptable methods of procurement.

1.) Procurement by Small Purchase Procedure (d)(1):

Pertains to combined purchases made below $100,000 for a school year. Districts must follow State and local procurement regulations where the threshold may be lower.

2.) Procurement by Sealed Bids (d)(2):Publicly solicited and publicly opened, no expectation of further negotiation. Decision is made principally on price since they lend themselves to firm fixed pricing.

Approved Procurement ProcessesApproved Procurement ProcessesWhat procurement method is right for What procurement method is right for

your district?your district?

3.) Procurement by Competitive Proposals (d)(3): Used where sealed bids are not feasible.

4.) Procurement by Non-Competitive Proposals (d)(4):

Used where only single sources are available or competition is lacking.

Approved Procurement Processes cont’dApproved Procurement Processes cont’d

- Also referred to as simple or informal procurement method. Procurements above the threshold must follow “formal” procurement procedures.

- The Federal threshold means total procurements below this amount can be conducted using this method. (found in 3016.)

- Splitting purchases into segments less than $100,000 does not permit a district to use small purchase procedures.

- Ex: three purchases of $40,000 each, which are paid for with non-profit program dollars.

- Price or rate quotations must still be obtained from two or more sources to quantify costs.

Procurement by Procurement by Small Purchase Procedure (d)(1):Small Purchase Procedure (d)(1):

State and local authorities can enforce a more restrictive threshold and many do.

Check with your district and State office of child nutrition for guidance

Approved Procurement Processes cont’dApproved Procurement Processes cont’d

- Must be publicly advertised.

- Used for lump sum, fixed price or quantity specific purchases.

- Requires complete, realistic specification or description of product.

- Two or more qualified bidders are able to participate.

Procurement by Procurement by Sealed Bids (d)(2):Sealed Bids (d)(2):

- The purchase lends itself to award primarily on the basis of price.

- All pertinent information regarding the item and or service is given to all bidders.

- All bids will be opened publicly as announced in the “Request For Bid”.

- Any and all bids may be rejected with sound documentation.

- Examples: small wares, pest control services, office supplies

Procurement by Procurement by Sealed Bids (d)(2):Sealed Bids (d)(2):

- Must be publicly advertised.

- Must include all evaluation criteria and their relative importance if weight is given.

- Must be conducted with two or more qualified sources. (can pre-qualify sources).

Procurement by CompetitiveProcurement by CompetitiveProposal – RFP (d)(3):Proposal – RFP (d)(3):

- District must have process for evaluating the response.

- Awards are made to responsible bidders following districts requirements and specifications.

- Awards are made based upon price once all other factors are satisfied.

- Examples: general food supplies from broad line commercial distributors. Often used where “distributor choice” items are permitted. Further analysis is required to determine best value.

Procurement by CompetitiveProcurement by CompetitiveProposal – RFP (d)(3):Proposal – RFP (d)(3):

- Used when competition is deemed inadequate.

- Only sole sources exist for the procurement.

- The situation is deemed an emergency and other competitive procurement methods are detrimental due to time constraints.

Procurement by Non-Competitive Procurement by Non-Competitive Proposal (d)(4):Proposal (d)(4):

- Not used often. Technology has increased competition. More difficult to defend lack of qualified bidders.

- Example: Compressor needs to be replaced for a freezer. Limited distributors of the specific part, emergency situation exists.

Procurement by Non-Competitive Procurement by Non-Competitive Proposal (d)(4):Proposal (d)(4):

State of CT Contract AwardsState of CT Contract Awardshttp://www.das.state.ct.us/Purchase/P

ortal/Portal_Home.asp

Equipment PurchasesServicesDairyPaper and Supplies

http://www.das.state.ct.us/Purchase/Portal/Portal_Home.asp

http://www.das.state.ct.us/Purchase/Portal/Portal_Home.asp

The Commodity ProcessThe Commodity Process Menus Product Selection Cutting/Testing Usage Surveys Procurement Orders and Delivery Management of Commodity Balances

The Processing ProcedureThe Processing Procedure Menus

1. Plan ahead2. Consider menu history: what works and

what does not work - take into consideration customer’s tastes, preferences, and meal requirements

3. Pay attention to center-of-the-plate items (entrees/proteins) and high volume items (potatoes/tomatoes).

The Processing Procedure The Processing Procedure (cont.)(cont.)

Product Selection1. Talk to your customers2. Meet with manufacturers and/or

representatives on a regular basis3. Go to food shows and conferences to learn

about the newest products and latest trends

4. Network with peers


Cutting/Testing1. Request samples of new products and

test with kids (and adults) for acceptability

2. Compare new brands with existing brands to determine preferences (blind cutting)** Must compare “apples to apples”

3. Keep records of the products tested (brands and code numbers) and the results of the tests


Usage 1. Based on planned menus, determine

the number of servings needed to fulfill menu requirements for the entire fiscal school year


Surveys for Diversion of Commodities1. Planned usage for “brown box” commodities2. Request for diversion of cheese and other

“B” commodities to processors of choice3. Request for diversion of all other

commodities to processors of choice4. Make calculations based on the drawdown

of lbs. of Commodity per case


Procurement1. Required by law, based on allowable

thresholds for expenditure Must follow the most restrictive rules

2. Timing in relation to survey deadlines


Orders and Delivery1. Direct from manufacturer to destination

chosen by school district2. Through commercial distribution

a. Fee for Serviceb. Modified Fee for Servicec. Net Off Invoice

3. Through state warehouses

The Processing ProcessThe Processing Process Management of Commodity Balances

1. Make sure that everyone involved with your allocation is on the same page with the same, correct information:

a. processorb. distributorc. state agencyd. you – the recipient agency

2. Be sure to recognize and add any roll over balances to new diversions

3. Ensure that the commercial distributor contracted to handle your commodities has an accurate tracking system

4. Participate in sales verification5. Ultimately it is your entitlement and your money you must

properly manage

Product SpecificationsProduct SpecificationsProduct specifications should be a thorough description, inclusive of the following factors:

1. CN Labeling and Nutritional Information – Identify the labeling requirement and any nutrient maximums. (“not to exceed % fat”, etc.)

2. Commodity ingredients – Indicate which USDA raw ingredient will be reprocessed.

3. Yield – Request product yield info and indicate how/if yield will be used to evaluate the bid.

4. Brands – As a result of product testing, list approved brands. Consider matching commercial codes and nutritional content should commodity bank run dry.

5. Quantity desired – Be realistic. The more accurate the numbers, the more aggressive it will allow the manufacture and distributor to be on cost.

Definition: A USDA approved process for transferring diverted commodity valuefrom a processor to a school.

Primary Types of Value Pass Through Methods:

Fee For Service: A fee charged to the school by the processor for further processing USDA commodities into preferable finished products. Fee includes: labor, packaging, transportation, profit, etc. The price

does NOT include the value of the USDA commodity.

Refund: A rebate from the processor equal to the amount of USDA commodity contained within finished product. Paid with proof of purchase.

Net Off Invoice: A discount is offered at the time of invoice from distributor. Discount is equal to USDA commodity contained within finished product.

Value Pass Through MethodsValue Pass Through Methods

Fee For ServiceFee For ServiceDirect Discount between school & processorDirect Discount between school & processor

• Process: •District diverts commodity, purchases finished product net of Pass Thru Value• Invoiced from processor; often delivered to school by third party. May also be delivered directly to school.

• Highlights of FFS: • Discount is applied immediately• Invoice is payable when received.• Need to consider: delivery schedule, lead time, minimum shipping quantity, etc when choosing FFS.

• Other Considerations: • School needs to understand ordering and payment procedure. • School should work with commercial distributor to avoid “bunching” of commodity/ commercial inventories.

RefundRefundDirect Discount between school & processorDirect Discount between school & processor

• Process: •District diverts commodity, purchases finished product at gross from commercial distributor. School applies for refund from processor with proof of purchase.

• Highlights of Refund: • District must submit for refund. (unless distributor & processor have automated process). • School needs to be aware of what distributor carries and what manufacturer has approved under the program. • No opportunity to incur storage fees.• Builds business with commercial distribution. • No physical inventory. No resulting storage fees.

•Other Considerations:• Schools do not always apply for refunds.• Refunds do not automatically benefit food cost.

Net Off Invoice Net Off Invoice Indirect Sales Discount between school & processorIndirect Sales Discount between school & processor

• Process: •District diverts commodity, purchases finished product at gross, distributor disperses discount off invoice at time of purchase. Manufacturer refunds distributor for discounts dispersed.

• Highlights of Net Off Invoice: • No physical inventory. No resulting storage fees. • Discount applied immediately. • Less invoices to process.• No refund application to process. • Builds business with commercial distributor. • “Sales Verification” – Manufacturers required to survey customers to make certain discounted product is being received.

•Other Considerations:•Does the distributor carry the brands and products you are interested in?

PricingPricing Design your bid document to accommodate

desired units of delivered product by: Serving Pound Case etc.

Ask on the bid form to list commercial and commodity equivalent (if available), allowing bidders to list value pass through and/or fee for service

SummarySummaryDesign fantastic menusKnow what you want and how much you

want of itDivert, divert, divert and maximize dollarsProcure with integrity to fit your districts

needsManage your balancesBe a good customer

- Does your bid: - Reflect current district wellness policies? - Address payment terms? Early pay discounts? - Reflect realistic volume?- Address minimum purchase quantities?- Is bid opening on a normal work day?- Communicate your expectations for service? Process for

evaluation?- Address items added to your bid?- Address how orders are to be placed? Electronically or other?- Address who has control over your order guide?- Address how substitutions are to be made?

Some Issues to Consider When BiddingSome Issues to Consider When BiddingKnow what you want to buy.Know what you want to buy.

- Play role reversal. Think as if you were the distributor for a moment.- EX: Which is a more attractive customer to a distributor?

A school district with $500,000 purchases p/yrLocal restaurant with $300,000 purchases p/yr

Answer: The school has 19 locations, 25 deliveries per week. 36 weeks per year = $555. drop size.

The restaurant has 1 location 2 deliveries per week. 52 weeks per year = $2885. drop size.

Are you as efficient as you can be with your deliveries? Can you work toward a drop size incentive program with your distributor?

What Size Customer Are You?What Size Customer Are You?Can you be a more attractive customer?Can you be a more attractive customer?

The End…The End…

Questions?Questions?

Documents

Linda Hubeny Food Distribution Program Director CT DAS